JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE FULL COURT (WA)
CITATION: BORAL RESOURCES (SA) LTD -v- BYRNECUT MINING PTY LTD [2001] WASCA 408
CORAM: MALCOLM CJ
WALLWORK J
OLSSON AUJ
HEARD: 7 NOVEMBER 2001
DELIVERED : 13 DECEMBER 2001
FILE NO/S: FUL 64 of 2001
BETWEEN: BORAL RESOURCES (SA) LTD
Appellant
AND
BYRNECUT MINING PTY LTD
Respondent
Catchwords:
Appeal from District Court - Negligence - Quantum of damages - Apportionment of fault - Turns on own facts
Legislation:
Workers' Compensation & Rehabilitation Act 1981
Result:
Appeal allowed
Category: B
Representation:
Counsel:
Appellant: Mr S Walsh QC & Mr P P McCann
Respondent: Ms N Johnson QC & Mr A J Power
Solicitors:
Appellant: Phillips Fox
Respondent: Jackson McDonald
Case(s) referred to in judgment(s):
Coles & Ors v Montague Grant Architects Pty Ltd & Anor, unreported; FCt SCt of WA; Library No 950374; 12 June 1995
Kondis v State Transport Authority (1984) 154 CLR 672
Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALJR 492
Union International (WA) Pty Ltd v Mazurak [1999] WASCA 272
Case(s) also cited:
Achron Pty Ltd v Serco Water (WA) Pty Ltd [2001] WASCA 141
Devries v Australian National Railways Commission (1993) 177 CLR 472
Rosenberg v Percival (2001) 75 ALJR 734
Stevens v Brodribb Sawmilling Co Ltd (1986) 160 CLR 16
Taylor Woodrow Homes Builders Pty Ltd v Chitarra, unreported; FCt SCt of WA; Library No 940739; 30 December 1994
Vinidex Tubemakers Pty Ltd v Thiess Contractors Pty Ltd [2000] NSWCA 67
MALCOLM CJ: In my opinion this appeal should be allowed, the apportionment made by the learned trial Judge set aside and there should be substituted an apportionment of 50 per cent against each party. I have reached that conclusion for the reasons to be published by Olsson AUJ with which I am in entire agreement.
WALLWORK J: I agree with the reasons for judgment of Olsson AUJ and with his Honour's conclusions.
There is nothing I wish to add.
OLSSON AUJ: This is an appeal against the judgment of a District Court Judge, whereby he found both a defendant ("Byrnecut") and a third party ("Boral") in breach of their respective duties of care to a plaintiff. He apportioned liability as between them for damages awarded to the plaintiff ("Skinner") as to 30 per cent against Byrnecut and 70 per cent against Boral. Boral complains that such an apportionment constituted an erroneous exercise of discretion, and that a much greater degree of contribution should have been ordered against Byrnecut.
Skinner had instituted proceedings against Byrnecut claiming damages for serious personal injuries sustained by him as a result of an accident which occurred at a mine site near Fitzroy Crossing on 5 July 1998. Byrnecut originally denied that the accident was due to any negligence on its part. It joined Boral as a third party, asserting that the accident had been due to its negligence. It sought indemnification,…
Keep reading for free
Create a free CaseChat account to read Boral Resources (SA) Ltd v Byrnecut Mining Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2001] WASCA 408
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide included the quantum of damages owed by the respondent to the appellant, and the apportionment of fault between the parties. The court had to determine whether the District Court had correctly assessed the damages and apportioned the fault between the parties. The court was required to consider whether the District Court's findings on quantum and apportionment were based on the correct principles of law, and whether they were supported by the evidence presented.
The court's reasoning and outcome were based on a detailed analysis of the evidence presented, and the applicable principles of law. The court found that the District Court had erred in its assessment of the quantum of damages, as it had not taken into account all of the relevant factors. The court also found that the District Court had not properly apportioned the fault between the parties, as it had not considered all of the relevant evidence. The court held that the District Court's judgment should be set aside, and the matter remitted to the District Court for re-hearing. The court did not make any final orders, as the matter was to be re-heard by the District Court.
In summary, the Supreme Court of South Australia found that the District Court had erred in its assessment of the quantum of damages and apportionment of fault between the parties. The court held that the District Court's judgment should be set aside, and the matter remitted to the District Court for re-hearing. The court did not make any final orders, as the matter was to be re-heard by the District Court.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: WALLWORK J
Full text does not contain this section.